Dáil debates

Wednesday, 22 February 2023

Communications Regulation and Digital Hub Development Agency (Amendment) Bill 2022: From the Seanad

 

4:47 pm

Photo of Michael McNamaraMichael McNamara (Clare, Independent) | Oireachtas source

For the avoidance of doubt, I am not taking there to be, as I understand it, problems with the Bill, especially with respect to the justice provisions in it, the administration of justice, recourse to the courts and the Rubicon that is being crossed here. Under the Bill an appellant can appeal to the courts.

The Minister will put whatever information he or she deems fit before the court. The court will then determine which elements of that information can be provided to the appellant and then, potentially, proceed to hear the case. It is a new departure in Irish law where one party to a dispute will have information and the court will have that information before it, but one person seeking recourse to the courts will not have access to the information. This is novel. I accept it does not apply to citizens, but the right to fair procedures in Irish law goes beyond a right that applies to citizens. It is right for all litigants, including legal and natural persons and citizens and non-citizens. From my perspective, it is a problematic provision. In and of itself, it is about what were going to be called "high-risk vendors", which I note, notwithstanding the Minister of State's insistence before this House, are now called "relevant vendors". This is, however, a Rubicon and it is one the Dáil is passing with little debate and understanding. The Minister introduced these and he has never provided an explanatory memorandum as to what the import of it will be-----

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